3318.051
Alternative funding for state-assisted classroom projects.

(A)
Any city, exempted village, or local school district that commences a project
under sections
3318.01 to
3318.20,
3318.36,
3318.37, or
3318.38 of the Revised Code on or
after September 5, 2006, need not levy the tax otherwise required under
division (B) of section
3318.05 of the Revised Code, if
the district board of education adopts a resolution petitioning the Ohio school
facilities commission to approve the transfer of money in accordance with this
section and the commission approves that transfer. If so approved, the
commission and the district board shall enter into an agreement under which the
board, in each of twenty-three consecutive years beginning in the year in which
the board and the commission enter into the project agreement under section
3318.08 of the Revised Code, shall
transfer into the maintenance fund required by division (D) of section
3318.05 of the Revised Code not
less than an amount equal to one-half mill for each dollar of the district's
valuation unless and until the agreement to make those transfers is rescinded
by the district board pursuant to division (F) of this section.

(B)
On the first day of July each year, or on an alternative date prescribed by the
commission, the district treasurer shall certify to the commission and the
auditor of state that the amount required for the year has been transferred.
The auditor of state shall include verification of the transfer as part of any
audit of the district under section
117.11 of the Revised Code. If the
auditor of state finds that less than the required amount has been deposited
into a district's maintenance fund, the auditor of state shall notify the
district board of education in writing of that fact and require the board to
deposit into the fund, within ninety days after the date of the notice, the
amount by which the fund is deficient for the year. If the district board fails
to demonstrate to the auditor of state's satisfaction that the board has made
the deposit required in the notice, the auditor of state shall notify the
department of education. At that time, the department shall withhold an amount
equal to ten per cent of the district's funds calculated for the current fiscal
year under Chapter 3317. of the Revised Code until the
auditor of state notifies the department that the auditor of state is satisfied
that the board has made the required transfer.

(C)
Money transferred to the maintenance fund shall be used for the maintenance of
the facilities acquired under the district's project.

(D)
The transfers to the maintenance fund under this section does not affect a
district's obligation to establish and maintain a capital and maintenance fund
under section
3315.18 of the Revised
Code.

(E)
Any
decision by the commission to approve or not approve the transfer of money
under this section is final and not subject to appeal. The commission shall not
be responsible for errors or miscalculations made in deciding whether to
approve a petition to make transfers under this section.

(F)
If the district board determines that it no longer can continue making the
transfers agreed to under this section, the board may rescind the agreement
only so long as the electors of the district have approved, in accordance with
section 3318.063 of the Revised Code, the
levy of a tax for the maintenance of the classroom facilities acquired under
the district's project and that levy continues to be collected as approved by
the electors. That levy shall be for a number of years that is equal to the
difference between twenty-three years and the number of years that the district
made transfers under this section and shall be at the rate of not less than
one-half mill for each dollar of the district's valuation. The district board
shall continue to make the transfers agreed to under this section until that
levy has been approved by the electors.